# rtJ-aoEIND

MAR

- 

## 9 2015

RA-15-01006
U.S. Department ofTransportation Docket Operations John A. Hamilton Lead Administrator Regulatory Administration Commercial Airplanes

WestBuilding Ground Floor, Room W12-140 1200NewJerseyAvenue, S.E. Washington, D.C. 20590 The Boeing Company P.O. Box 3707 MC 03-56 Seattle, WA 98124-2207



### Subject: Petition for Exemption from 14 CFRpart 21, sections 21.35(a), (b)(2), and (f)(2), Amendment 21-95, Function and Reliability 

### Model: 767-2C 

### RAProjectNo.: PS09-0863 

### EASAProjectNo.: NIA 

### EASALevel: N/A 

### Branch/Panel No.: ANM-l06B 

### Branch/Panel Name: Certification Services 

### Response Requested: July 17, 2015 

### Reference(s): N/A 

### Special Instructions: N/A 

### This letter submits: (X) Petition for Exemption 

### This letter is sent for: (X) Postingto the Federal Docket The Boeing Companyherebypetitions for an exemption for relieffrom 14 CFR21.35(a), (b)(2), and (f)(2), Amendment 21-95. To support the 767-2C program schedule, The Boeing Companyrequests thatthe enclosed information be processed byJuly 17, 2015. Furthermore, The Boeing Companyrequests to be notified when the enclosed petition processing has completed.

# rp.__aDEIND Page2 RA-15-01006 Please contact this office or the following individuals ifyou have any questions: ProjectAdministrator (PA): Program Manager Certification Lead/Specialist: P. Guilford T.Howorth E. Leonen-Jr 425-237-5981 425-717-9847 425-786-8753 The information being forwarded to the FAA byorwith this correspondence is for the exclusive purpose ofsupport ofapplications for or amendments to Type Certificates, is consideredproprietaryto The Boeing Company and/or its suppliers, and is provided on a confidential basis.
The dataprovided should be returned to Boeing immediately following use by the FAA, including any copies thereofwhich the FAA maybe required to make in the course ofits review. Boeing does not authorize the FAAto retain any portion ofthe materials being supplied. Sincerely, Digitallysigned by -;;L___ c

## -#-- 28560 .:::;:::?'-

**~** -<'t' Date: 2015.03.06 13:07:27 -08'00' for Douglas M. Lane ODA DeputyLead Administrator (425) 237-1383, MC 03-56 FAX: (425) 294-9340

Enclosure: Petition for Exemption

cc Name Jim Cashdollar Angelos G. Xidias Letter SP SP Enclosures SP SP Comments ANM-100B ANM-100BEnclosure to RA-15-01006 Page 1of6


### Petition for Exemption from Title 14 CodeofFederalRegulations sections 21.35(a), (b)(2) and (f)(2), Amendment 21-95, Function and Reliability
Name and Address ofthe Petitioner Douglas M. Lane, Director Commercial Airplanes The Boeing Company PO Box 3707 MC 03-56 Seattle, Washington 98124-2207


### Section(s) oftheRegulations from which Reliefis sought:
Title 14 CFR 21.35(a) and (b)(2) at Amendment 21-95 requires the applicantto make all flight tests to assure thatthe aircraft, its components, and its equipment are reliable and function properly. §21.35Flighttests. (a) Each applicantforan aircraft type certificate (other than under §§21.24 through 21.29) mustmake the tests listed inparagraph (b) of this section. Before making the tests the applicant must show- (b) Upon showingcompliance withparagraph (a) of this section, the applicant must make all flight tests that the FAA.finds necessary-- (2) For aircraft to be certificated under this subchapter. exceptgliders andexcept reciprocating enginepoweredairplanes of 6,000 lbs. or less maximum cert?ficatedweightthat are to be certificatedunderpart 23 o.fthis chapter, to determine whether there is reasonable assurance that the aircraft, its components, andits equipmentare reliable and functionproperly.
Title 14 CFR 21.35(f)(2) at Amendment 21-95 requires that the flight tests prescribed in paragraph (b)(2) for aircraft incorporating turbine engines ofa type previouslyused in a type certificated aircraft must include at least 150 hours ofoperation. § 21.35Flighttests. (f) Theflight testsprescribedinparagraph (b)(2) o.fthis section must include-- (2) For all otheraircraji, at least 150 hours of operation.



### Extent ofReliefSought and Reason Boeing requests relieffrom certain aspects of§ 21.35(a), (b)(2) and (f)(2), specifically, the requirement to complete Function and Reliability (F&R) testing priorto receiving an Amended Type Certificate (ATC). Boeing requests to be able to defer the completion ofBoeing ModelEnclosure to RA-15-01006 Page 2 of6
767-2C F&R testing until afterATC approval ofthe 767-2C minor model, but priorto the 767- 2C being put into initial operational service. Boeing proposes to complete all required testing and incorporate any changes to the Type Design, required to comply with CFRpart 21 requirements, which the FAA deems necessary while all 767-2C aircraft remain under ownership and control ofthe Boeing Company.
The 767-2C is being certified for use as a United States Air Force (USAF) KC-46 aerial refueling tanker (a public use aircraft), which will replace aging KC-10 and KC-135 tankers. Thetanker configuration is comprised ofthe ATC configuration and the installation ofan additional Supplemental Type Certificate (STC). The STC configuration is additive and will not impact F&Rtesting as applicable to the ATC configuration.
This proposed reliefwill allow Boeingto be able to more fully evaluatethe end-state KC-46 tanker configuration (ATC plus STC) that will be operated by the USAF. Contractual requirements with the USAF require the conduct ofextensive f1ight test hours in the KC-46 (i.e., ATC plus STC) configuration that are representative oftanker operations. These USAF flight test hours will be afterFAA issuance ofthe ATC, but priorto initial entry into operational service. Boeing proposes to use these f1ight test hours to establish function andreliability rather than conduct redundant testing on the 767-2C configuration prior to issuance ofthe 767-2C ATC. Conducting redundant and dedicated testing onthe 767-2C ATC configuration would delay aircraft delivery to the USAF.

Regulation Requires: Relief(for a limited time) is necessarybecause:

14 CFR21.35(a) Each applicant for an Scheduling redundant Function and Reliability Amendment 21-95 aircraft type certificate flight test hours priorto ATC approval would (otherthan under §§21.24 delay aircraft delivery to the USAF. through 21.29) must Additionally, testing ofthe combined ATC and make the tests listed in STC configuration is more representative ofthe paragraph (b) ofthis USAF end state tanker aircraft and better section supports the intent offunction and reliability testing for this aircraft. 14 CFR 21.35(b)(2) Flighttests to determine Amendment 21-95 that there is reasonable assurance that the aircraft, its components, and its equipment are reliable and function properly.
14 CFR 21.35(f)(2) At least 150 hours of Amendment 21-95 operation for aircraft incorporating turbine engines previously used in a type certified aircraft.Enclosure to RA-15-01006 Page 3 of6
Boeing proposes a time limit in the Type Certification Data Sheet (TCDS) for the reliefsought bythis petition for exemption. The time limit proposed is shown;

Time Limited Grant ofExemption § 21.35(a), (b)(2) and (f)(2), relieffrom the requirement that function and reliability testingbe completed as a condition for obtaining an amended type certificate; ExemptionNo. XXXX, Month dd, yyyy (Reliefexpires at the time ofaircraft delivery orownership is transferred from the Boeing Company).
Boeing also proposes to add the following to the Additional Design Requirements and Conditions (ADRC) ofthe Model 767 TCDS:

14 CFR 21.35(a), (b)(2) and (f)(2)- Function and Reliability Testing Boeing may not transfer any ownership interest in any model 767-2C aircraft, and any such aircraft may onlybe f1own by a Boeingpilot in command prior to the completion of that aircraft model's Function and Reliability testing to the satisfaction ofthe FAA in accordance with 14 CFR Section 21.35 and Exemption No. XXXX. Prior to anytransfer ofphysical custody ofany model 767-2C airplane not in compliance with Exemption No. XXXXto any entity otherthan Boeing, Boeingmust remove the data plate from that airplane. Additionally, the FAA would revoke the amendmentto the TCDS that added the 767-2C model to the TCDS ofthe model 767. The text ofthis paragraph may only be removed from the TCDS ofthe Model 767 after such Function and Reliability testing is completed to the satisfaction ofthe FAA.

All function and reliability testing per CFR21.35 will be performed during ATC cettification flight testing , STC certification flight testing, orUSAF Pilot Training. USAF Pilot Training is provided by Boeing for USAF pilots. Training covers standard USAF aerial refueling operations, which is proposed as an ideal environmentto evaluate function and reliability. Duringtesting, the aircraft will be under T,ype Inspection Authorization as is routinely required for certification projects. Additionally, aircraft used during pilottraining to support function and reliability compliance will be operated in accordance with § 21.191(f) and 21.195 while under a special (experimental) airworthiness certificate. Boeing will retain ownership, control, accountability and responsibility for the aircraft until successful completion ofthe function and reliability testing.
All Part 21 findings ofcompliance are retained by theFAA. The FAA, at its discretion, may also rely on the US Government (USAF), and/or Boeingpilots to perform the FAA's function for testing. Additionally, Boeingwill provide status reports to the FAA for all test flights involving function and reliability. Any issues/squawks identified in testing are proposed to be captured perEnclosure to RA-15-01006 Page 4 of6 Boeing Commercial Aircraft (BCA) standard process. Issues are proposed to be tracked and resolved usingthe standard BCA Process Instructions to ensure closure and transparency.

Description ofIssue
The 767-2C is a commercial derivative freighter developed from the Boeing Model 767-200 with features from the 767-300F and 767-400ER, as well as systems from 777 and 787 commercial airplanes. Itwill be powered byPratt and Whitney PW4062 engines. These engines were previously certified and are in use on Boeing Model 767-300 airplanes. As cet1ified within the ATC project, the 767-2C will be configured as a freighter with supernumerary carriage and inflight access to the Class E cargo compartment. Further modifications to the 767-2C aircraft will be accomplished by a subsequent Supplemental Type Cet1iticate (STC) project. The STC altered 767-2C aircraft will be utilized for operational flight segments to meet specific U.S. Government requirements as the KC-46 tankerreplacement for KC-10 and KC-135. These operational flight segments will be performed after FAA issuance ofthe ATC. The basic operation ofthe 767-2C commercial freighter, its components, systems, and equipment will be fully exercised during these flight segments during which function and reliability testing will be performed. This allows substantiation ofthe function and reliability requirements using supplementary experience (the 767-2C basic airframe and Pratt&Whitney 4062 engines have an extensive service history) in accordance with Advisory Circular (AC) 25-7 while the aircratl: is in the ATC configuration with the addition ofthe STC. Completing the F&Rtesting atl:er ATC, but prior to initial entry into operational service allows for the necessary flight test hours to be accumulated on mission profiles that are representative of USAF tanker operations. These operational scenarios are considered ideal for compliance to §2l.35(a), (b)(2) and (f)(2).

Statement ofPublic Interest
It is in the public interest thatthe 767-2C ATC projectbe granted a time-limited exemption to the function and reliability requirements. The exemption will providethe following benefits to the public.

• The 767-2C will provide industry-leading operating economics, environmental improvements and operational capability to the USAF. Granting this petition will eliminate the needto add dedicatedtesting and extend the program schedule, thus delaying the new aircraft entry into public service. As a result, this exemption will reduce the U.S. Government operational (public) costs by facilitating the earlierentry into service ofnewer aircraft which reduces shot1 term operational costs and leads to greater USAF operational capability. These benefits will accrue with no decrease in safety.Enclosure to RA-15-01006 Page 5of6

• The operational flight segments proposed for function and reliability testing exercisethe 767-2C under conditions expected in service as a tanker aircraft. This ensures planned testing ofthe combined ATC and STC configuration and would address any deficiencies found in either. The STC is additive, so its presence would not invalidate testing as applied to the ATC. 'rhis will provide greater levels ofsafety for USAF operators ofthe public aircraft.

• This exemption will eliminate impacts related to 150 hours ofdedicated flight testing. These include the environmental impact ofburning approximately 250,000 gallons of additionaljetfuel.

Statement ofNo Adverse Effect on Safety
The KC-46 tanker program has an extensive amount oftesting requiring over2000 flight test hours and 2500 ground test hours. This extensive testing encompasses both ATC and STC certification. All ofthis certification testing occurs prior to the proposed F&Rtesting and provides assurance that any safety issues are discovered and resolved. Therefore, deferring Function and Reliability testing will not result in any decrease in safety. Additionally, all necessary f1ight tests and any necessary change incorporation to support 14 CFR Part 21 certification will be accomplished by Boeing before delivery to the USAF customer. The data gathered with the combined ATC and STC configuration will not invalidate the applicability ofresults to the ATC. Test operations ofthe airplanes are under conditions expected in service which will achieve the same level ofsafety as intended to ensure the aircraft, its components, and its equipment are reliable and function properly. Asthe requirements of §21.35(a), (b)(2) and (f)(2) will be substantiatedpriorto the 767-2C initial entry into operational service, granting ofthe exemption will not compromise safety.
Request to 'Waive Publication and Comment'
Not Requested

Conclusion Granting relieffrom 14 CFR2l.35(a) (b)(2) and (f)(2) for a limited time will allow Boeingto avoid duplicative testing while still accumulating the necessary test hours with intended inservice aircraft configuration, capabilities, and operations. Testing with the addition ofthe STC configuration is additive and does not invalidate test results as applied to the ATC. The public interest is served by supporting the earliest possible replacement ofan aging fleet ofpublic aircraft. The aging fleet has lower efficiency, higher maintenance costs and lesser operational capability. The approach to substantiatethe function and reliability requirements will be completed priorto aircraft entry into service ensuring no decrease in safety.Enclosure to RA-15-01006 Page 6 of6

Privileges ofthis Exemption Outside the United 

### States Boeing proposes to perform limited t1ights beyond U.S. Airspace in support ofconcurrent Function and Reliabilitytesting.
Summary to be Published in the Federal Register PETITIONER: Boeing Commercial Airplanes
SECTION OF 14 CPRAFFECTED: 14 CPR21.35(a), (b)(2) and (±)(2) Amendment 21-95
DESCRIPTION OF RELIEF SOUGHT: To permitBoeingto accumulate additional flight test hours that represents the intended in-service aircraft configuration, capabilities, and operations afterthe approval ofthe ATC. These additional flight test hours will add assurance that the 767- 2C aircraft, its components, and its equipment are reliable and function properly in accordance with §21.35(b)(2). The exemption will allowrelieffrom completing the tests required by §2l.35(a), (b)(2) and (f)(2) prior to ATC; the reliefto defertesting for the 767-2C aircraft would not exceed initial entry into operational service.